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2015 DIGILAW 281 (ALL)

Ram Barai Prasad v. Ashok Kumar Verma

2015-02-11

ABHINAVA UPADHYA

body2015
JUDGMENT Abhinava Upadhya, J. Heard Shri R.K. Dubey, learned counsel for the revisionist. 2. This is a revision filed against the judgment and decree of the trial Court dated 13.4.2007 in S.C.C. Suit No.4 of 2000 by which the suit was partly allowed and order of eviction and arrears of rent was passed. 3. This is a revision by the landlord alleging that the rate of rent, as determined by the trial Court at the rate of Rs.450/- per month, is incorrect whereas the rent was Rs.2,500/- per month and to that extent he has challenged the order of the trial Court. 4. While deciding the suit, issues were framed and with respect to rate of rent issue no.4 has been framed. While deciding issue no.4 the court below has dealt with it elaborately considering the material available on record and the statement of the witnesses and has come to the conclusion that the plaintiffs have not been able to prove from any material either on the basis of statement made by the witnesses or from the documents filed as evidence, that the rate of rent of the aforesaid premises was Rs.2,500/- per month and has assessed the rate at Rs.450/- per month on the basis of prevalent rate of rent in the arrears, which the learned counsel for the revisionist has not been able to counter. 5. Under the circumstances, I find that the issue no.4 decided with regard to rate of rent does not suffer from any error either legal or factual and as such, does not require any further consideration by this Court. 6. The revision is misconceived and is dismissed accordingly.